Sunday, June 12, 2011

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  • sac-r-ten
    04-23 10:53 PM
    your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.

    read this thread started by me.

    http://immigrationvoice.org/forum/showthread.php?t=23528



    Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.

    MSR





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  • ujjvalkoul
    02-28 12:37 PM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
    canu post the USCIS link for these 2 laws





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  • disco
    02-11 01:11 AM
    Nikhil2,
    I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

    My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

    I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

    Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

    Thanks


    I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

    I spent a whole night and cannot find any info about this.

    Do you happen to know this? Any comments or links would be appreciated.





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  • Sushie
    08-17 02:43 PM
    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?



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  • GCHope2011
    09-14 05:57 AM
    Thanks for all your replies!

    My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

    I was holding H4 visa before I started using the EAD.

    Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

    I definitely want to speak with an attorney so Gus I will PM you.
    I certainly hope that my interpretation is wrong and that you are not in violation.





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  • admin
    01-05 07:59 AM
    Here are the statistics on the contributions so far on Immigration Voice.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#CollectionsSoFar

    We have collected more than $5,000 in just 2 days. We have an initial target of $100,000. We can definitely achieve this if we can get 1000 members contributing $100 each to meet this target.

    In that page we also have a section on how the funds are being overseen.

    All, do not think that others will do the contribution. We need your contributions now to start lobbying!!!



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  • qualified_trash
    01-01 12:03 AM
    provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....

    this is not true. you can port the I 140 even if the employer has USCIS cancel the I140.

    you CANNOT port PD from an approved I140 if I140 was revoked due to fraud.





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  • srarao
    07-23 12:26 PM
    It does not matter who signs . I just wanted to know .



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  • sanan
    06-05 08:29 AM
    I got mine today! 5 year long wait ...Phew!!
    Although I am yet to file for my wife...who is on H4...what happens to her status?





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  • Roger Binny
    10-28 04:54 PM
    Please check another attorney forums, i remember there was a news flash in which they agreed the degree substitution like yours.



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  • desi485
    11-02 03:45 PM
    You are very welcome...

    Consular processing is way faster is what I was told.

    I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.

    I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:





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  • anurakt
    12-21 04:19 PM
    I promise ... last bump of the day !! or may be not......:D



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  • Bobby Digital
    May 25th, 2005, 03:05 PM
    You probably put the update on your camera (if you followed Nikon's directions) but you may have not installed it. What I mean is if you go to firmware to see what version your using you should see at the bottom update available, install? Or something along those lines. You then must select that and hit the enter button. When it is installed the menu should be a dark grey color. That is the 2.0 menu.
    Bracketing can be done by holding the button on the left side of camera (with back facing you) behind the auto,m,a...dial. It's beside the format button. If you hold that and roll your thumb dial on the right hand side it should turn on your backeting. If you want to adjust the settings you should be able to do that using, I think, your index finger dial on the front.

    Hope this helps.





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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).



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  • rajnag21
    07-17 05:51 PM
    First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
    As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
    Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.





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  • godbole_sanjaya
    01-08 03:57 PM
    If they can show some kind of conference etc. in USA and that they are coming here to attend the same, they would get visitor's visa.

    Giving it a shot is all they can do.



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  • jasmin45
    08-06 12:18 PM
    Has USCIS started premium processing of I-140 again ?
    Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
    I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.





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  • whatamidoinghere
    03-09 12:41 AM
    It says India took a total of 41254 visas, but if you total the columns including family pref it comes to 32030. What am I missing?? Anyway how does it matter...





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  • Dhundhun
    04-24 12:31 PM
    Hey god_bless_you,

    God gave me a RED DOT.

    Anyway, congrats again.

    Enjoy.





    gauravsh
    03-28 12:26 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Thanks, but will there be any charges against me for not filing the taxes before.
    WIll it effect my immigration status.





    sammyb
    02-13 02:49 PM
    read it ...

    http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg



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